LOCAL COLUMN

OPINION: Party election rules must be upheld

Published

Recent events within the Republican Party of New Mexico raise an issue that deserves thoughtful public discussion. This matter is not about personalities or political infighting. Rather, it concerns adherence to the rules that govern our party and the principles of fairness and integrity that should guide any organization committed to the rule of law.

The Uniform State Rules of the Republican Party of New Mexico contain a clear provision addressing situations where a state party officer becomes a candidate in a contested Republican primary. Rule 1-4-4 states that if the state chair files as a candidate for public office and another Republican files for the same office, the officer “shall immediately vacate the party office.” The intent of this rule is to ensure neutrality in the administration of party leadership and resources during contested primaries.

According to publicly reported candidate filing records for the March 10 filing deadline, Otero County Commissioner Amy Barela, who is also the chair of the Republican Party of New Mexico, filed for reelection at 9:06 a.m. That same morning at 9:08 a.m., another Republican candidate, Jonathan T. Emery of La Luz, filed for the same office. This filing created a contested Republican primary for the District 2 commission seat.

Under the plain language of RPNM Rule 1-4-4, when a state party officer becomes a candidate in a contested Republican primary, the officer must immediately vacate the party office. Additional provisions of the party rules reinforce the importance of neutrality. Rule 1-4-2 prohibits the use of party funds or resources to assist one Republican candidate against another in a primary, and Rule 1-4-3 prohibits party officers from endorsing one Republican candidate over another in a contested Republican primary. Together, these rules exist to protect the fairness and credibility of the party’s nomination process.

These rules are not merely internal guidelines. Under the New Mexico Election Code, political parties are authorized to adopt governing rules for party affairs and nominations. State election laws recognize that political parties may adopt rules governing their internal operations and nomination processes, and those rules are filed with the Office of the Secretary of State as part of the framework governing elections.

When mandatory duties affecting elections are ignored, courts have recognized the authority to compel compliance. District courts may issue a writ of mandamus requiring an official or governing body to perform a duty mandated by law. New Mexico courts have considered such relief in election-related disputes, including State ex rel. Secretary of State v. Otero County Commission in 2022, in which mandamus relief was sought to compel election officials to perform duties required under the election code. Similarly, in Reese v. Dempsey, mandamus relief was pursued in connection with duties arising in a primary election dispute.

Political party officers exercise authority on behalf of the party membership and are responsible for administering party governance structures according to the rules that govern the organization. Courts have recognized that party leadership acts in a representative capacity for the membership. In Eu v. San Francisco County Democratic Central Committee, the United States Supreme Court acknowledged the representative nature of party governance and the importance of party rules in guiding the conduct of party leadership.

Raising questions about rule compliance should not be interpreted as an attack on a fellow Republican. Many of us respect those who serve in leadership roles and appreciate the work required to build a political organization. However, leadership carries responsibilities, and those responsibilities include faithfully following the rules designed to ensure a level playing field for all candidates.

Ultimately, unity in a political party does not come from ignoring the rules. It comes from applying them fairly and consistently. When leaders faithfully follow the rules that govern them, the entire party — and the voters it seeks to represent — are stronger for it.

Gary Person is a former member of the Republican Party of New Mexico. He lives in Sandia Park. 

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